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20 January 2017 / Athelstane Aamodt
Issue: 7730 / Categories: Features , Media
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Broadcast news

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Athelstane Aamodt provides a media law update

  • ​Ofcom announces its intention to end its “major parties” list; broadcasters given more freedom.

  • Wade v British Sky Broadcasting Limited : The Court of Appeal deals with the rare instance of a television format case.

Ofcom (the Office of Communications, ie the media regulator in the UK) has published a consultation paper (10 November 2016) that makes two important proposals:

i. Larger parties

Ofcom’s list of larger political parties varies depending on which part of the UK one is considering, but very broadly the Ofcom list includes the Conservatives, Labour, the Liberal Democrats, UKIP, and the SNP, and these parties must be given “due weight”. Ofcom is proposing to cease using the large party definition and to give broadcasters editorial freedom to use their own information and judgment on this issue. To understand why this will matter, it is necessary to look at the rules governing political advertising.

In the UK wall-to-wall political advertising on television and radio is (mercifully) prohibited. Sections 319(2)(g) and 321(2) of the Communications Act 2003 (CA 2003) obliges Ofcom to maintain standards

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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